RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03828 

 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive back-pay and points for time off from his civilian 
employer due to a service related injury. 

 

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APPLICANT CONTENDS THAT: 

 

On 2 July 2003 while on an active duty deployment to Ramstein 
Air Base (AB) Germany, he injured himself by stepping through a 
hole in the floor while on a site survey of the second floor of 
a facility to be used for logistical staging. There were no 
safety warning signs indicating there was a hazard on the floor. 
He saw a piece of metal shelving in the middle of the floor and 
bent over to pick it up. He lifted the shelf and stepped 
forward not knowing that the shelf was covering a hole in the 
floor. He stepped into the hole and injured his right ankle, 
left upper leg and his back. He immediately called for medical 
attention. He was placed in a right foot splint for his ankle 
injury and had abrasions and bruises on his leg. 

 

He returned to the hospital with back pain on 5 July 2003. He 
was told that he may have possibly bruised his kidneys. There 
were no x-rays or MRIs taken at the time. On 25 July 2003 he 
returned home on emergency leave due to his mother’s diagnosis 
of only a few months to live. On that same day, he completed 
his post deployment health assessment and indicated on the form 
that he was still experiencing back pain. He was deactivated on 
30 November 2003 while under a doctor’s care for the injuries he 
sustained while deployed. 

 

After five years of intermittent care, his pain levels became 
intolerable and he sought extensive medical treatment. He was 
required to have foot surgery in August 2008. He requested to 
be put on orders to cover his surgery and recovery period but 
all attempts were denied. He exhausted his personal leave and 
his civilian employer allowed him to work flexible hours to 
accommodate medical appointments and the post-surgery recovery 
period. Due to limited personal leave, he returned to work 
almost immediately. He was on crutches and his healing period 
was longer than anticipated. 


 

During the pre-operation testing of his foot, the extent of his 
back injury was revealed. After his return to work he juggled 
his schedule to accommodate physical therapy for his foot and 
neurosurgeon appointments for his back until January 2010. He 
was placed on active duty orders in January 2010 to undergo 
treatment and care for his back injury. 

 

He has upheld his responsibilities to the Air Force and requests 
the Air Force do the same by correcting his records. He 
performed military functions by keeping all of his scheduled 
appointments and is asking for credit, pay and points in 
accordance with Department of Defense (DoD) Instructions that 
cover MedCon Orders. The attached letter from SAF/LL (Exhibit 
B) to his congressman indicates that MedCon orders cannot be 
backdated and issued and that only this Board can take 
corrective actions. He has a total of 87 days served from 
release of active duty in November 2003 until he was placed on 
active duty orders in January 2010 to care for his injuries. 

 

In support of his request, the applicant submits personal 
statements, an Air Force Reserve Command (AFRC) IMT 348 Informal 
Line of Duty Determination w/attachments dated 28 November 2003, 
Letter from his congressman with attachments dated 7 September 
2011, letters of support from employer and previous supervisors, 
copies of requests and denials for medical continuation orders, 
spreadsheet of his appointments, supporting email messages and 
documents extracted from his military personnel records. 

 

The applicant’s complete submission with attachments is at 
Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The applicant is currently an enlisted member of the Air Force 
Reserves serving in the grade of Master Sergeant (MSgt) E-7. 

 

The applicant was on Military Personnel Appropriation (MPA) 
orders from 23 February 2003 to 22 February 2004 but was 
deactivated and orders ended on 30 November 2003. 

 

On 2 July 2003, an Informal Line of Duty Determination was 
initiated. The findings were In Line of Duty (ILOD) and reflect 
that on 2 July 2003, while working on the second floor 
structure, the applicant fell through a 1 1/4 inch compressed 
board used as flooring and sustained injuries to his right 
ankle, left upper leg with right and left side pain and back 
pain. 

 

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AIR FORCE EVALUATION: 

 

HQ AFRC/A1K recommends disapproval. A1K states, after careful 
review of the documentation provided by the applicant, he has 
not provided any evidence that reveals or supports his claim to 
be awarded back-pay and points for the time away from his 
civilian employment. In accordance with (IAW) Air Force 
Instruction (AFI) 36-2254V1, Reserve Personnel Participation 
paragraph 2.2., “Points may only be credited to the date a 
member actually performed duty, except in those activities where 
the cumulative method is authorized, such as telecommuting.” 
Because the applicant did not perform duty in either manner, he 
is not entitled to any points. However if he incurred a loss of 
civilian income because of an injury that occurred in the line 
of AF Reserve duty, the applicant may be eligible for 
incapacitation pay. If he chooses to exercise this option, he 
may apply IAW AFRCI 36-3004, Incapacitation Pay and Management 
of Reservist Continued on Active Duty Order, attachment 2, Table 
A2.1 (incapacitation procedures). 

 

The complete AFRC/A1K evaluation, with attachments, is at 
Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation (Exhibit D) was forwarded to 
the applicant on 1 March 2012 for review and comment within 30 
days. As of this date, this office has not received a response. 

 

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THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. The applicant 
received medical treatment as well as compensation for travel to 
and from medical appointments and outpatient treatments in 
accordance with AFRCI 36-3004, Chapter 4. Medical Continuation 
orders would have been appropriate only if the applicant’s 


treatment and recovery periods were 30 days or more. Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered this application 
BC-2011-03828 in Executive Session on 17 May 2012, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 September 2011, w/atchs. 

 Exhibit B. Letter, SAF/LL, dated 29 August 2011. 

 Exhibit B. Letter, AFRC/A1K, dated 20 December 2011. 

 Exhibit C. Letter, SAF/MRBR, dated 1 March 2012 

 

 

 

 

 

 Panel Chair